Bikram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15692 of 2018 Arising Out of PS. Case No.-263 Year-2017 Thana- BIDUPUR District- Vaishali ====================================================== Bikram Paswan S/o Pokhan Paswan, R/o Village- Madhurapur, P.S.- Bidupur, District- vaishali.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anita Kumari Singh For the Opposite Party/s :

Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Bidupur P.S. Case No. 263 of 2017 registered for the offence punishable under Sections 25(1-b)a/26/35 of the Arms Act.

Informant is the Police Sub Inspector, who has stated in his statement that on 29.08.2017 at about 10:00 am, he was performing the patrolling duty and was checking the vehicles, one YAMAHA motorcycle borne three miscreants seeing the police tried to flee away but the motorcycle became unbalanced and it fell on the ground. Two miscreants succeeded in fleeing away, however, the petitioner was apprehended by the police from the spot and on search one country made pistol, two live cartridges and two mobile phones and one handbag

Patna High Court Cr.Misc. No.15692 of 2018(3) dt.12-04-2018 2/3 containing 1,40,000/- cash was recovered from his possession and he failed to produce any ownership of either motorcycle or cash. In the meanwhile, one Manish Kumar came there and stated that petitioner has looted Rs. 1,40,000/- from him which was collected by the finance company.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case and he was only a passerby and the main miscreants fled away leaving the articles which were seized and he was apprehended by the police. Petitioner has got no criminal antecedent and is in custody since 29.08.2017.

By order dated 21.03.2018 a report was called from the trial court with regard to the present stage of trial. Report has been received and from perusal of the said report, it appears that charges have already been framed against the petitioner and trial is at the evidence stage. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-XIV, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 263 of 2017, with a condition that the petitioner

Patna High Court Cr.Misc. No.15692 of 2018(3) dt.12-04-2018 3/3 will remain present in course of trial on each and every date and his absence on consecutive two dates would automatically entail the consequences of cancellation of his bail. (S. Kumar, J) ranjan/- U